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ANNA M. PENNISI, Appellant, v. CITY OF NEW YORK et al., Defendants, and REALUX REALTY, INC., Respondent.

On summary consideration, order affirmed, with costs. It cannot be said, as a matter of law, that the Appellate Division abused its discretion in granting the motion to dismiss the action unconditionally as against defendant Realux Realty, Inc., pursuant to CPLR 3216.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

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PENNISI v. CITY OF NEW YORK
(Apr 9, 1981)